Morales

MEMORANDUM **

Juan Carlos Morales appeals his sentence for one count of conspiracy, in violation of 18 U.S.C. § 371 , one count of interference with commerce by robbery, in violation of 18 U.S.C. § 1951 , and one *499 count of use of a firearm during a crime of violence, in violation of 18 U.S.C. § 924 (c). He argues that the district court: 1) clearly erred in finding that he was an organizer or leader of five or more participants pursuant to U.S.S.G. § 3B1.1(a); 2) committed plain error in applying the preponderance of the evidence standard to the § 3B1.1(a) determination; 3) clearly erred in relying upon hearsay statements from confidential informants; 4) violated his right to due process by refusing to compel the disclosure of the informants’ identities; and 5) violated his due process rights by failing to ensure the reliability of the informants’ statements. We vacate Morales’s sentence and remand for resentencing.

I. Waiver

The Government argues that, under Morales’s plea agreement, he waived the right to appeal any issues that are not related to the constitutionality of his sentence. Whether a defendant has waived his right to appeal by entering into a plea agreement is…